You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

December 4, 2019

The Regulatory Regime Surrounding OTT Content and Operators

Subscribe to Updates
Informed Counsel

The internet has provided exponential growth in platforms for the delivery of media content, but while regulations for traditional forms of media, such as film and television content, are well established, specific regulations and clear supervision for over-the-top (OTT) content still have yet to be established.  

This article discusses the authority of the Thai regulator to control content broadcast through different modes of delivery, such as film, television, and OTT content.

Film & Video Content   

Under the Film and Video Act B.E. 2551 (2008), a film or  video must be submitted to the Film and Video Censorship Committee for their review and approval before it is permitted to be displayed, rented, exchanged, or distributed in Thailand. Upon reviewing the film, the committee will classify the film or video into appropriate categories, and determine whether the content contains any ‘prohibited characteristics,’ such as content that:

  • Undermines public order or good morals;
  • Affects the security and dignity of Thailand;
  • Defiles religion;
  • Causes discord among groups of people in Thailand;
  • Impacts the monarchy; or
  • Is sexual in nature or shows sex organs.

If the committee determines that the film contains prohibited characteristics, it will order the applicant to censor or remove the relevant scenes or content. If the applicant refuses to edit the content accordingly, the film will be assigned to the “banned” category, and dissemination of the film will be prohibited in Thailand.

TV Content   

Content broadcast on television falls under the regulations of the Office of the National Broadcasting and Telecommunications Commission (NBTC). The Broadcasting and Television Businesses Act B.E. 2551 (2008) gives licensees of a television broadcasting business the duty to review the television programs and suspend broadcasts of any program that contains (1) anti-monarchy content; (2) content that may affect state security, public order, or good morals; or (3) content that portrays obscenities or that causes a serious deterioration in the minds of the people. If the licensee fails to suspend the broadcasting of television programs that contain this prohibited content, the NBTC has the authority to immediately suspend the broadcasts, and if such failure to act is due to the licensee’s negligence, the NBTC may order the licensee to carry out rectification work, or suspend or revoke their license.

OTT Content – Applicable Regulations?    

OTT content is any type of video, broadcast, or other media content independently delivered via internet technology without the control or involvement of any facility or network responsible for its delivery. The delivery method for OTT content is simply “over the top” through an open network. OTT content is inclusive of various types of media, such as movies, videos, and television programs. Examples of OTT service providers in Thailand are Facebook, YouTube, Line TV, AIS PLAY, TRUE ID, and Netflix.   

In Thailand, OTT content and OTT service providers are not regulated by any particular government organization or any specific laws or regulations. The NBTC launched an attempt in 2017 to regulate OTT content and related service operators, but this attempt was never fully realized. When the NBTC raised the issue again in early 2019, it was met with a widespread public backlash, and since that time, no further developments have emerged over this hot issue. Consequently, issues pertaining to regulatory powers over OTT content and OTT service providers have yet to be settled. However, as OTT content is primarily in the form of media content, OTT content is required to comply with the laws and regulations that are relevant to each type of content on a case-by-case basis. Laws that may be relevant to OTT content include the Copyright Act, the Personal Data Protection Act, and the Computer Crimes Act. 

Takedown Measures for OTT Content   

As there is no regulator or law that can be applied specifically to OTT content, a person who would like to force a takedown of OTT content from a platform would have to rely on the existing legal measures in other relevant laws. In other words, the targeted OTT content must be considered unlawful, and fall within the criteria of the applicable laws, to be legally removed or taken down from an OTT platform. Furthermore, the measures must be applicable and sufficiently practical in order to enforce the takedown action against the OTT service provider. Two such applicable laws—the Copyright Act and the Computer Crimes Act—are discussed below.

Copyright Act   

The majority of content broadcast through OTT platforms could variously be considered audiovisual work, musical work, cinematographic work, or broadcasting work according to the Copyright Act B.E. 2537 (1994) and could thus be protected as copyrighted work under section 6 of the law. Considering the nature of OTT content, there are two primary ways to commit copyright infringement: (1) direct infringement by an OTT service provider; or (2) infringement by a user of an OTT platform through user-generated content (UGC). Examples of the latter are self-uploaded video or audio clips and live broadcasting on open OTT platforms such as YouTube, Facebook, and Twitch.

Direct infringement by an OTT service provider occurs when the OTT content is offered on the platform by the OTT service provider and directly infringes the copyright of another person. This is considered copyright infringement under sections 27–29 of the Copyright Act. Although section 32/3 of the law provides a channel for an immediate takedown, this section is not applicable to this type of infringement because the OTT service provider for this type of direct infringement is actually an infringer, and not an internet or storage service provider under this section. Therefore, the copyright owner would have to apply for a preliminary injunction through general court proceedings in the Central Intellectual Property and International Trade Court (IP&IT Court) if it wishes to compel a takedown of the content.      

For infringements in UGC, the user who created the infringing content would be identified as a copyright infringer under sections 27–29 of the Copyright Act. However, the OTT service provider could still be liable for copyright infringement on its platform under section 31 of the Copyright Act. In order to be liable, the OTT service provider must (or should) have known that the OTT content infringed another party’s copyright, and despite such knowledge, continued to commit illegal acts such as communicating and distributing the infringing work to the public. The conditions relating to knowledge of the infringing works may be helpful in pressuring the OTT service provider to voluntarily take down the infringing UGC from its OTT platform, because if the OTT service provider “knows” about the infringing content and does not comply with the copyright’s owner removal request, the copyright owner would have strong grounds to bring legal action against the OTT service provider and directly request a preliminary injunction against them. 

In addition, a copyright owner may be able to apply for an order through the IP&IT Court to force an OTT service provider to take down the content, if the OTT service provider is an open platform that allows users to upload works onto the platform and stores the works under the users’ accounts. This is because the service provider would fit the “service provider” definition under section 32/3 paragraph 2(2), and so the channel for forcing takedown action under this section would be available.    

In practice, the IP&IT Court is reluctant to issue injunctive relief in respect to this section. Furthermore, even if the court grants the copyright owner an injunction order, the enforcement of the order is still problematic and often unenforceable in practice, as the order may not cover the removal of content stored on servers outside of Thailand. Therefore, there remains an inability to enforce an order against an unidentified infringer. A new draft copyright law, which has recently been released for public hearing, includes a revamp of the takedown measure under the current section 32/3. The current draft of the takedown measure would eliminate the complicated court procedures and rely on a notice and takedown system between private entities. Under this draft, a future amendment to the Copyright Act would open the door for effective injunctive relief against infringing OTT content. However, the practical usage of this measure must be closely observed, if and when the proposed amendment to the Copyright Act is enacted and officially enforced.

Computer Crimes Act

Section 20(3) of the 2017 amendment to the Computer Crimes Act B.E. 2550 (2007) (CCA) is related to takedown measures for OTT matters, offering injunctive relief against the dissemination of computer data deemed a criminal offense against intellectual property, either by stopping the dissemination or by deleting the computer data from the system. As OTT content is typically in the form of both computer data and copyrighted work, section 20(3) of the CCA can be applied to compel the takedown of infringing OTT content. In addition, unlike the takedown measure under the Copyright Act, an injunction under the CCA does not require the copyright owner to initiate legal action after the content has been taken down.

The injunctive procedure is initiated by the submission of a complaint to a police officer and an officer at the Center of Operational Policing for Thailand against Intellectual Property Violations and Crimes on Internet Suppression (COPTICS), which will process the matter and forward the findings to the Ministry of Digital Economy and Society for approval. Once the minister has approved the matter, a ministry officer will file a motion with the court to obtain the injunctive order.

As this measure needs to pass through many entities, it normally takes at least six months to obtain such an order. Since 2018, the government has attempted to expedite the injunction process by incorporating the NBTC into the process, whereby the police inquiry officer will directly inform the NBTC about the temporary blocking of selected URLs, which can then be blocked within three days. However, the NBTC is currently only able to block unsecured URLs, and it remains powerless to block any secured URLs (such as those using HTTPS) that are encrypted from abroad. As the majority of OTT service providers normally encrypt their URLs for OTT platforms, this special channel through the NBTC may therefore not be effective in taking down infringing OTT content. Therefore, a copyright owner aiming to compel takedown of infringing content using the CCA measure would have to rely on the normal channels.       

Going Forward

As the delivery of different types of media content is subject to different regulatory regimes, content creators should be aware of the corresponding regulations and the associated regulatory risks. While the current absence of specific regulations for OTT content may allow content creators to have a broader scope and enjoy greater flexibility in creating and broadcasting their content via the internet, content creators must be ever more cautious to ensure compliance with the existing laws relevant to each type of content on a case-by-case basis.

Download Full Article
Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

July 27, 2026
Vietnam’s new E-Commerce Law, which took effect on 1 July 2026 along with its implementing Decree No. 248/2026/ND-CP (Decree 248), marks a significant development in the country’s approach to online intellectual property (IP) enforcement, reflecting a clear shift from a reactive model of intermediary liability to one that expects platforms to play a more active role in preventing infringement. From notice-and-takedown to platform responsibility The most significant change introduced by the E-Commerce Law is the transformation of the legal role of e-commerce platforms. The existing safe harbor provisions under the IP Law and the copyright notice-and-takedown regime established by Decree 17/2023/ND-CP (Decree 17) largely required intermediaries to act only after receiving notice of infringement. Once infringing content had been removed, the platform’s legal obligation was generally considered fulfilled. The new legislation adopts a fundamentally different approach. Article 17 of the E-Commerce Law requires intermediary platforms to screen information relating to goods and services before publication in order to prevent listings involving counterfeit or IP-infringing goods, and goods of unknown origin. Rather than relying exclusively on complaints from rights holders, platforms are now expected to implement preventive measures before infringing listings become publicly available. Decree 248 further requires platforms to update keyword filters based on recommendations issued by competent authorities. These filtering mechanisms are intended to prevent prohibited listings from appearing on the platform and represent a further move away from a purely complaint-driven enforcement model. The legislation also introduces Vietnam’s first statutory stay-down obligation. Under the E-Commerce Law and Decree 248, major digital platforms must maintain automated systems capable of reviewing, warning against, and removing unlawful listings while also implementing measures to prevent repeat violations, defined under Decree 248 as conduct that has previously been identified and handled by the platform, but continues to recur. This obligation addresses one
Read More
July 27, 2026
A new decree on penalties for violations related to the crypto asset market creates compliance risks for offshore crypto asset exchanges in Vietnam that do not hold, and practically cannot obtain, a Vietnamese license, and for Vietnamese users who continue to transact on those platforms. Decree No. 284/2026/ND-CP (Decree 284), issued by the government of Vietnam on July 16, 2026, formally establishes an administrative penalty framework for violations related to crypto assets and the crypto asset market. The decree takes effect on September 1, 2026, and will remain in force for the duration of the five-year pilot program under Resolution No. 05/2025/NQ-CP, which is scheduled to end in September 2030. Direct Penalties on Vietnamese Users The most immediate commercial risk to offshore platforms is that their Vietnamese users now face direct personal liability for using their exchanges. Vietnamese users who trade crypto assets outside of a Ministry of Finance-licensed service provider face fines of up to VND 50 million (approximately USD 1,900). Vietnamese users trading in crypto assets that are offered or issued to foreign users face higher penalties of up to VND 100 million (approximately USD 3,800). It is expected that Vietnamese users will be more willing to migrate away from offshore platforms now that there is a risk of real enforcement against them. Penalties on Unlicensed Service Providers Violations of providing crypto asset services or advertising crypto-related services without a license face fines of up to VND 200 million (approximately USD 7,700). Operating a crypto asset trading market without proper authorization falls within the same highest penalty bands. Organizations that violate issuance, provision, or disclosure rules may face fines of up to VND 200 million. Although the maximum administrative fine per violation is capped at VND 200 million for organizations and VND 100 million for individuals, these
Read More
July 21, 2026
Thailand’s Ministry of Digital Economy and Society (MDES) published a notification establishing an expedited court-ordered takedown mechanism for online content in cases of “urgent necessity.” The notification, which was issued on July 17, 2026, under the Computer Crime Act B.E. 2550 (2007), as amended, took effect the following day. It significantly expands the categories of content subject to rapid government-initiated removal. Content Categories Subject to Takedown The notification defines “urgent necessity” (section 20, paragraph 5, of the Computer Crime Act) as circumstances where any delay in suppressing computer data may impact national security, religion, the monarchy, good morals, social culture, or public order. In this regard, it establishes four broad categories of content: Computer Crime Act offenses. National security offenses. IP and other criminal offenses, where it is contrary to public order or good morals and a competent officer has requested its suppression. Content contrary to public order or good morals, a broad residual category encompassing 14 subcategories approved by the Computer Data Screening Committee. The fourth category is the most expansive. Its 14 subcategories include: Content defaming, mocking, satirizing, or devaluing the monarchy. Online gambling advertising or facilitation. Offering illegal firearms for sale. Offering baraku (hookah) products or e-cigarettes for sale. Offering cannabis inflorescences or processed cannabis products for sale. Advertising or soliciting prostitution. Content inciting violence, hatred, or social division. Unauthorized overseas employment advertising. Offering boiled kratom juice for sale. Online sale or advertising of alcoholic beverages. Content satirizing or degrading Buddhism. Money lending at interest rates exceeding legally prescribed limits. Advertising or disseminating information about surrogacy services. Forgery of documents, cards, or official documents. Enforcement Procedure In cases of urgent necessity, a competent official assigned by the MDES permanent secretary must file a petition with supporting evidence to the court with jurisdiction, requesting an order to
Read More
July 20, 2026
On July 16, 2026, Thailand’s Personal Data Protection Committee (PDPC) published a notification in the Government Gazette establishing detailed rules governing data subjects’ right of access under section 30 of the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The notification will take effect 60 days after publication—mid-September 2026—giving data controllers a limited window to bring their processes into compliance. Scope The notification covers requests to access or obtain copies of personal data and requests for disclosure of the source of data collected without consent. Data subjects may exercise their rights directly or through authorized representatives. Key Requirements Important requirements set by the notification include the following: Required request channels. Controllers must provide at least two request channels: direct submission at the business location and registered mail. Electronic channels are optional but, if offered, may also be used for fulfilling requests. Request contents. Requests must be in writing or in electronic form and include the data subject’s name, the preferred access method, details of the data requested, and the requester’s signature. Controllers may request additional identifying information as needed. Identity and authority verification. Controllers may require official identity documents for verification. Authorized representatives must provide authorization documents and identity documents for both the data subject and the representative. Alternative verification methods (e.g., digital authentication) are permitted if they do not unreasonably obstruct data subjects’ rights. Review and response timelines. Controllers must review requests within 15 days. If the request is incomplete, the controller must notify the requester and allow at least 15 days to correct deficiencies. If not corrected, the request may be treated as abandoned. Once verified, controllers must fulfill requests within 30 days, extendable by another 30 days for large-volume or complex requests with notice to the requester. Methods for providing access or copies. Controllers may fulfill
Read More